1. Introduction and Acceptance of Terms of Use

Crystallize Consulting Pty Ltd (“Crystallize”) offers you a wide range of content, communication tools, forums, and information about its products and services (“Materials”) via this web site. The terms and conditions of use as stated below (“Terms of Use”) together with the Crystallize Privacy Policy, are the complete terms of a legal agreement between you and Crystallize in relation to your access to and use of this web site. By accessing, browsing or using this web site, you acknowledge that you have read, understood and agree to accept and comply with the Terms of Use and Privacy Policy, which Crystallize may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. If you do not agree to these Terms of Use, do not use this web site. Please note that Crystallize may, at its sole discretion, terminate your access to this web site at any time without notice. 

2. Limited Right to Use

This web site is owned and operated by Crystallize. Unless otherwise specified, all Materials on this web site are the property of Crystallize and are subject to copyright protection worldwide in accordance with applicable Australian and international copyright laws. Crystallize grants you non-exclusive, non-transferable, limited permission to view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright, trade mark and other proprietary notices and comply with these Terms of Use. No Materials published by Crystallize on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means or used for the creation of derivative works without prior written permission from Crystallize. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trade mark and other applicable laws.

Your failure to comply with these Terms of Use or any other terms, conditions, and notices on this web site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Crystallize does not grant you any express or implied rights or licenses under any trade-marks, copyrights, or other proprietary or intellectual property rights.

3. Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to this web site, including comments, information, materials, feedback and ideas regarding our company, products or services that you communicate to Crystallize (“Communications”) will be considered non-confidential. You agree that any and all Communications will be deemed, at the time of communication to Crystallize, the property of Crystallize, and Crystallize shall be entitled to full rights of ownership, including without limitation, unrestricted rights to use or disclose such Communications in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. To the extent that Crystallize is precluded by law from entitlement to full ownership rights in relation to any Communications, by sending Crystallize Communications, you grant Crystallize an unrestricted, irrevocable licence to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those Communications in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise. You are solely responsible for the content of your Communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing of third party intellectual property or privacy rights.

4. Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this web site is restricted to authorised users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occurs under your username/password. You must not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

5. Monitoring

Although Crystallize is not obligated to do so, it has and may exercise the right to review your communications on this web site to determine whether you comply with our Terms of Use. Crystallize will not have any liability or responsibility for the content of any Communications you post to this web site, or for any errors or violations of any laws or regulations by you. Crystallize will comply with any court order or legal obligation to disclose the identity of any person posting Communications on this web site. It is advisable that you review our Privacy Policy before posting any such Communications.

6. Links to Other Sites

Crystallize may provide links from this web site to other sites operated by third parties (“linked sites”) as a convenience to you and in no way should this be interpreted as an endorsement of any company, person, content, products or services appearing or offered on a linked site or of its owner. The linked sites are not under the control of Crystallize and Crystallize is not responsible or liable for the content, services, products or other materials on or available from any linked site or any link contained in a linked site. It is up to you to take precautions to protect yourself from viruses, worms, trojans, and other potentially destructive programs, and to protect your information as you deem appropriate. Crystallize makes no representations, warranties, or other commitments whatsoever about any linked sites or third-party resources that may be referenced, accessible from, or linked to our web site. Crystallize reserves the right to terminate any link at any time. If you decide to access any linked site or enter into any transaction with a third party operating a linked site, even if you learn of (or use a link to) the third party from this web site, you do this entirely at your own risk. To the extent legally permitted, Crystallize DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

7. Trade Marks

The trade-marks and logos of Crystallize and others used in this web site, whether registered or unregistered and whether registered in Australia or overseas (“Trade Marks”) are the property of Crystallize and their respective owners. You have no right to use any such Trade Marks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trade Marks for any purpose, in Australia or overseas, without the prior written permission of Crystallize or the respective owner.

8. Compliance and Use

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations (including common law) applicable to your access to and use of the web site. Without limiting the above obligation to comply with applicable laws, you agree not use any device, software or routine to interfere or attempt to interfere with the proper working of the web site, including, but not limited to, by uploading or transmitting through the web site any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the web site or any computer.

9. Indemnity

You agree to indemnify, defend and hold Crystallize and its officers, directors, agents, contractors and employees harmless from and against any and all claims, demands, proceedings, liabilities, damages (including actual, special, direct, indirect, exemplary or consequential), losses or expenses (including reasonable attorney’s fees and costs) of every kind and nature made by any other party due to, arising out of, based on or in connection with your access to and/or use of this web site and your breach of these Terms of Use, any terms and policies it incorporates by reference, the rights of another party or any applicable law, statute, ordinance or regulation.

10. Limitation of Liability

To the extent legally permitted, in no event shall crystallize or its suppliers be liable to any party for any direct, indirect, special, incidental, exemplary or consequential damages of any type whatsoever including, without limitation, loss of profits or revenues, loss of savings, business interruption, costs of replacement goods and loss or damage to data, relating to or arising out of this web site or the use or inability to use this web site or any linked site or from use, downloading, access to or reliance on any information, materials. Products or services presented on this web site or a linked site, whether based on warranty, contract, tort (including negligence) or any other legal theory even if crystallize or its suppliers have been advised of the possibility of such damages. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these terms of use and crystallize’s maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action or legal theory referred to in the above exclusion of liability is limited to aud $50.00. 

11. Disclaimer

Crystallize assumes no responsibility for, expressly disclaims responsibility for and does not warrant the accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current, correct or complete information. Crystallize is not responsible for supplying content or materials from the web site that have expired or have been removed. The materials provided at this web site are provided “As is” and any warranty (express or implied), condition or other term of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby excluded to the extent legally permitted.

12. Applicable Laws

These Terms of Use are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.

13. General

If you have any questions regarding the Terms of Use, please visit our contact page.

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